Hunzeker v. Butler et al
Filing
40
ORDER. Plaintiff may file and amended affidavit of Jay Callister to cure the defect indicated above. Otherwise, the Court will strike Ms. Hunzekers affidavit. The amended affidavit must be filed on or before 1/6/2014. (Case Management deadline set for 1/6/2014.) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
DENNIS H. HUNZEKER,
Case No. 4:12-cv-00421-BLW
Plaintiff,
ORDER
v.
GREG BUTLER, et. al.,
Defendants.
During oral argument on the pending motion for summary judgment, an issue
arose regarding the proper way for Rosa Hunzeker to submit her translated affidavit. The
Court explained that it may require something more than what has been provided, but that
it would give Plaintiff an opportunity to do so given the unique circumstances of this
case.
The Court has now fully reviewed both Rosa Hunzeker’s affidavit and Jay
Callister’s (the interpreter) affidavit. Mr. Callister’s affidavit indicates that he translated
Ms. Hunzeker’s affidavit for her, and that she indicated to him that she “understood” the
contents of her affidavit. That is not enough. In order for the Court to consider Ms.
Hunzeker’s affidavit, Mr. Callister’s affidavit must indicate that Ms. Hunzeker not only
understood the contents of her affidavit, but that (1) the affidavit accurately reflects her
statements, and (2) she understood that the statements were being made under oath and
subject to penalties of perjury. If Ms. Hunzeker wishes to modify her affidavit in light of
MEMORANDUM DECISION AND ORDER - 1
this advisement, she may do so. As suggested at oral argument, the Court will give
Plaintiff an opportunity to cure Mr. Callister’s affidavit by filing an amended affidavit.
ORDER
IT IS ORDERED:
1. Plaintiff may file and amended affidavit of Jay Callister to cure the defect
indicated above. Otherwise, the Court will strike Ms. Hunzeker’s affidavit. The
amended affidavit must be filed on or before January 6, 2014.
DATED: December 20, 2013
_________________________
B. Lynn Winmill
Chief Judge
United States District Court
MEMORANDUM DECISION AND ORDER - 2
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